Opinion
No. CIV S-08-1254-JAM-CMK.
October 24, 2008
ORDER
Plaintiff, proceeding pro se and in forma pauperis, brings this civil rights action pursuant to 42 U.S.C. § 1983. On October 9, 2008, plaintiff filed an amended complaint (Doc. 14). In his amended complaint he adds additional claims and defendants. The court is required to screen complaints brought by litigants who have been granted leave to proceed in forma pauperis. See 28 U.S.C. § 1915(e)(2). This screening requirement applies to amended complaints as well. However, prior to the court screening plaintiff's amended complaint, the Clerk of the Court issued an amended summons on October 16, 2008.
This amended summons was issued in error as it was issued prior to the court completing the required screening of plaintiff's amended complaint. As such, plaintiff is directed not to serve defendants with the amended summons until directed to do so by the court. By separate order, the court will direct the Clerk of the Court to issue an amended summons, if appropriate, and direct plaintiff to serve the defendants. However, until service is authorized, plaintiff shall not attempt service of the amended summons on the defendants.
IT IS SO ORDERED.